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Serial No. 04

Regular List

HIGH COURT OF MEGHALAYA

AT SHILLONG

MC(W.P.Crl.) No. 8 of 2025

Date of Order: 29.12.2025

Shri. Boston Ch. Marak Vs. State of Meghalaya & Anr.

Coram:

Hon’ble Mr. Justice W. Diengdoh, Judge

Appearance:

For the Petitioner/Appellant(s) : Mr. A.S. Pandey, Adv.

Mr. J.N. Rynjah, Adv.

For the Respondent(s) : Mr. N.D. Chullai, AAG with

Ms. R. Colney, GA.

Mr. E.R. Chyne, GA.

Ms. I. Lyngwa, GA.

1. Heard Mr. A.S. Pandey, learned counsel for the petitioner, who

has submitted that a complaint was made by the respondent No. 2 herein

before the Lokayukta under the relevant provisions of the Meghalaya

Lokayukta Act, 2014. Consequent thereof, the Hon’ble Lokayukta has

directed that the allegation made by the complainant therein be looked into by

the Court of the learned Special Judge under the Prevention of Corruption Act,

1988. The learned Special Judge (PC Act) Tura, West Garo Hills, taking

cognizance of the said direction, had also impleaded the petitioner herein as

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accused No. 1 amongst 13(thirteen) accused persons. The case before the

learned Special Judge (PC Act) has been registered as Special (PC Act) No.

1/2023.

2. The learned counsel for the petitioner has however submitted that

the petitioner has challenged the said proceedings before the learned Special

Judge (PC Act), on the basis that such proceedings are not contemplated under

any law or any provision of any Act, inasmuch as, the Hon’ble Lokayukta

could not have directed such proceedings to be taken up by the said Special

Judge (PC Act) when there is a clear provision under the Meghalaya

Lokayukta Act for constitution of a Special Court to take up such complaints

which was not done so. However, at this point of time, the learned counsel has

submitted that pending final hearing of this writ petition, the proceedings

against the petitioner before the Court of the learned Special Judge (PC Act)

may be stayed. This submission was fortified by reference to an order dated

04.11.2025 passed by this Court in MC(W.P.Crl.) No. 6 of 2025, wherein

under similar and identical facts and circumstances, this Court, while

observing the submission made by the learned applicant therein, had in effect

suspended further proceedings before the learned Special Judge (PC Act) in

the case related to the applicant therein. Therefore, on grounds of parity,

prayer is also made that similar order may be passed as far as this case is

concerned.

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3. Mr. N.D. Chullai, learned AAG assisted by Ms. R. Colney, learned

GA for the State respondent No. 1 has not made any strong objection to the

prayer for stay of the proceedings before the learned Special Judge (PC Act),

since similar order has been passed vide the said order dated

04.11.2025(supra). However, the learned AAG has raised the issue of proper

and necessary party in this lis, inasmuch as, the Lokayukta, who was

instrumental in the proceedings before the learned Special Judge (PC Act),

has not been made a party herein. Be that as it may, the learned AAG further

submits that perhaps, this issue will be raised when the main petition is taken

up for consideration.

4. On the presence of the respondent No. 2, the learned counsel for

the petitioner has submitted that, notice has already been issued upon such

respondent, however, affidavit of service could not be filed today and some

more time is prayed for.

5. Since the main writ petition has already been admitted and in this

Misc. Case, the only issue is with regard to the stay of the proceedings before

the learned Special Judge (PC Act) in Special (PC Act) No. 1/2023, therefore,

since a similar order dated 04.11.2025 has been passed in this regard,

accordingly, in this Misc. Case too, the proceedings against the petitioner in

the said Special (PC Act) No. 1/2023 is hereby stayed, the same to be in

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operation until the next returnable date.

6. List this matter on 29.01.2026.

Judge

Meghalaya

29.12.2025

“D. Nary, PS”

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